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Home My WebLink About5.838 Original Contract ,. e 5. 8:3 8' O_KTRDNICS I tel 877-605- 1116 605-697-4400 ANNUAL SERVICE AGREEMENT REVISED CUSTOMER INFORMATION Customer: City of Port Ange]es Address: PO Box ] ] 50 City/State: Port Angeles, W A 98362 Te]ephone Number: 360-4]7-454] Telephone Contact: CIndy Kochanek Taxable: Yes Tax Exempt Number: Customer 10: CH005 Loc 00] DP No. 248237 @j Cl~ DAKTRONICS INFORMATION Order Number: EPAPR-5A Original Job(s): EPAPR District Office: Daktronics, Inc -Seattle, W A Local Manager: Marlo Jones Local Number: 206-763-6434 Daktronics Contact: Damelle Ga]bavy/Tony Bra]IIer Commencement Date: May ], 2007 Expiration Date: Apri] 30, 2008 Daktronics Inc agrees to provIde and the customer agrees to accept service on the equipment listed below at the charges indIcated. The terms and condItions of the service agreement are attached hereto and Incorporated by reference. Equipment: Control electromcs for the following Daktronics EqUIpment: Location * 1 Portable, P&R 2 Volunteer F]eld *3. Lincoln Field 4 Lincoln Fie]d 5. Linco]n F]eld 6. Lincoln Field 7. Civic Field Name or Number #2 #] #] #2 #6 #7 #] Type Model 9500 BA-624 BA-101O BA-618L BA-518 BA-518 FB/BA-1424 Manufacturer Umtec Daktronics Nevco Daktronics Daktronics Daktronics Daktromcs Covers: ]. Annua] InspectIOn and repair cost of scoreboards 2. Check each scoreboard, check and replace lamps, sockets, plug connections, electronic drivers or other malfunctioning items. 3. Emergency repair work of scoreboards outside the scope of the annual Inspection Addendum: Equipment covered on this contract must be in workIng order at commencement of contract Exceptions: Identification/advertising panels are excluded. *Non repairable part failures will not be covered in the scope of this agreement. Service Option. Custom Performance Time: Response to calls is made within 24 Business Hours Emergency situations to be determined by City of Port Angeles Department personnel. Service ]S provided as follows. 8:00 AM to 5.00 PMlMonday-Friday. @ DAKTRONICS e D_KTRDNICS I tel 877-605- 1116 605-697-4400 Payment. Customer agrees to pay Daktronics, Inc.: Custom: $1,810 plus tax due at commencement In witness hereof, the parties hereto have executed this agreement by and through their duly authorized officers. CUSTOMER Name: (please print) G, L.b... _ A. c..-1"\,~ For: City of Port Angeles Signed: ~ ~ Title:'1:>,u~(..'/""O-l'L. r<.v~U DAKTRONICS,INC. Date ~/'2-/07 Signed: --;;;; /S4~#c(' Title: S'~ /JLf}-;r- , Date: rF ,i",tri., *********************************************************************************************** This form IS an important part of your coverage. Please sign and return both forms to Daktronics, Inc. Once the signed agreement is entered into our system, you will receIve an executed form for your records. Proposal dated March 12,2007. Revised April 26, 2007. Offer expires 60 days from proposal date *********************************************************************************************** @ DAKTRONICS . e e Daktronics, Inc. Custom Service Plan for City of Port Angeles, W A I SERVICE PLAN CATEGORIES I I Extended ServIce Agruments are a part of the mltlal eqUIpment sale They add the features of the selected coverage type to the coverage proVlded under Daktromcs Standard Statement of Warranty and LImitatIOn of Seller' s hablllty (Daktromcs PubhcatlOn SL-2374) Extended ServIce Agreements are actIvated upon product shIpment unless otherwIse noted 1.2 ServIce Agreements are agreements that are sold separate from the mltla! eqUIpment sale The servIces proVIded 10 these agreements are defined only by the selected servIce type ServIce agreements are activated when sIgnatures from both the Customer and Daktromcs Customer ServIce personnel are affixed ServIce agreements are VOId If payment or payments are not current 1.3 Defimlion of Coverage Tvpe 1.3.1 Cuslom: Custom coverage may be defined on the face of the agreement or conSIst 10 addmg servIces to one of the standard coverage type 1.3.1.1 Dal.tromcs WIll replace failed LED pIxels, (on-sIte labor mcluded), If greater than 0 5% of the total number of pIxels 10 the sIgn have faIled 10 a year, proVIded the SIgn IS mstalled WIth the recommended ventilation / air condltlOnmg system for Its locatIOn or other than normal wear and tear AIf condltlOmng systems must be mamtamed accordmg to manufacturer's specIficatIOns Daktromcs defines pIxel failure when the pIxel WIll no longer emIt hght P,xel repair WIll be performed at the Daktromcs Repalf Center As WIth all LED sIgns, the LED dIsplay will eventually degrade to the pomt where It WIll need to be replaced even though the LED's WIll stili be operatmg ThIs al,'Teement does not cover LED degradatIOn 1.3.1.2 RadIO eqUIpment Daktromcs,lnc WIll repair or replace failed radIO components Daktromcs defines radIO component failure as a radIo component that does not transmIt or receIve data properly Local site mterference or obstructIOns may cause mtermlttent or complete failure of radIO performance ThIS agreement does not mclude the provIsIon of replacement commumcatlon methods (such as Wife, fiber opllc cable, condUIt, trenchmg or other solullons) for the purpose of overcommg local Site mterference 1.3.1.3 Certam failures may result 10 a reqUIred total replacement and/or upgrade of any or all of the components 10 the system In the event of a failure, the component WIll be checked thoroughly and If the component can be repaired or replaced, the costs of the repair or the replacement part are mcluded 10 thiS Agreement If the component cannot be repaired or replaced for whatever reason, mcludmg obsolescence, then the Customer shall be responSIble for the dIfference 10 cost between the upgraded component and the cost of the repaired or replaced component to the extent the cost of the upgraded component exceeds the cost of the repalfed or replaced compouent Further, the Customer shall be responSIble for any additIOnal upgrades reqUIred by the upgraded component 10 the mtegrated system 2 ELIGIBILITY FOR SERVICE AGREEMENT 2.1 Daktromcs supplied eqUIpment IS eligIble for mcluslOn under thIS Agreement ImmedIately upon Daktromcs mstallatlOn or explfatlOn of eqUIpment warranty or eXlstmg servlce agreement 2.2 Daktromcs supplied eqUIpment not eligIble for mcluslOn under 2 I above shall be subject to mspectlOn by Daktromcs or ItS authonzed representallve to determme If ItlS 10 good operatmg condlllon Any repair reqUIred to make eqUIpment eligIble for gomg on a servIce agreement shall be done on a lime and matenal baSIS accordmg to the then current rates 3 SERVICE A V AILABILITY 3.1 Under thIS Agreement servIce IS normally performed as stated on the face of thIS agreement and excludes locally observed Daktromcs holidays unless otherwise stated 4 CUSTOMER RESPONSIBILITIES 4. I The Customer shall notify Daktromcs Immediately of eqUIpment failure and allow Daktromcs full and free access to the eqUIpment Waiver of liabIlity or other restrlcllon shall not be Imposed as a sIte access reqUIrement Also, the Customer WIll allow Daktromcs to use necessary machmes, commUnicatIon faClhhes. and other eqUIpment at no charge 4.2 Throughout the term of this Agreement, Customer shall mamtam sIte condItIOns wlthm the common envlfonmental range of all system deVIces as speCIfied by Daktromcs pnor to the Agreement commencement date 4.3 Customer's representatIve shall be aVailable to locate and proVIde free access to the eqUIpment 4.4 To faCIlitate Daktromcs performance of servIces, the Customer agrees to proVIde reasonable facilitIes such as, but not limIted to secure storage space, deSIgnated work area WIth adequate heat and light and access to a local telephone line These facllllles are to be proVIded upon request and at no charge to Daktromcs ThIs agreement covers normal tIme to access the eqUIpment SpecIal clfcumstances mcludmg secunty delays may result 10 addlllonal charges 4.5 All Items returned to Daktromcs must have a Return Matenals AuthonzatlOn (RMA) number For exchange Items, the number IS mcluded WIth the shIpment of the exchange unIt For repair Items, an RMA number can be obtained by phone (877-605- 1116), fax (605-697-4444) or emall (helpde~k(tiJdaktronjcs.com) 5 SERVICE LIMITATIONS 5.1 If servIce IS requested because of causes other than normal wear and tear, the servIce WIll be proVIded on a tIme and matenal baSIS accordmg to the then current rates 5.2 Followmg IS a partIal list of examples of causes other than normal wear and tear madequate or Improper power. Improper care or abuse of eqUIpment unauthonzed attempt to repalf or modIfy the eqUipment. faIlures caused by envlfonmental conditIOns beyond Daktromcs' control such as corrOSIves and metallic pollutants acts of God, nature, terronsm or war 5.3 ServIce Agreement does not mclude pamt or refimshmg the eqUIpment or furnlshmg matenal for thiS purpose. electncal work external to the eqUIpment. or mamtenance of accessones, alteratIOns attachments, or other deVices not furmshed by Daktromcs unless speCIfically noted on the face of thIS agreement Rattenes and metallic or fiber OptIC data cables are not covered unless speCIfied on the face of thiS agreement 5.4 Daktromcs WIll prOVIde and be responSIble for the cost of shlppmg parts from Daktromcs to the customer The customer WIll proVIde and be responSIble for the cost of shlppmg parts to Daktromcs, Inc 5.5 Costs of normal access to the dlsplay(s) are covered under thIS agreement Normal access IS defined as unfettered. solid access to the base of the dIsplay and a dIsplay heIght under 45ft for an outdoor dIsplay, and 15ft for an mdoor dIsplay Special clfcumstances WIll not be covered under thIS agreement Theses mclude, but are not limIted to costs of addlllonal 11ft eqUIpment, or presence of any addItIOnal eqUipment and/or personnel to msure safety of servIce personnel 5.6 InacceSSIbility due to envlfonmental condlllons (I e saturated ground) WIll exempt a locatIOn from coverage under thIS Agreement until such a tIme as the dlsplay(s) become acceSSible once agam 5.7 ThIS Agreement does not apply to software Software IS covered by a separate agreement, whIch appears 10 the seller's software license agreement. unless speCIfied on the face of thIS agreement 5.8 ThIS Agreement does not cover defects or faIlure as a result of the use of replacement parts other than those supplied by Daktromcs 6 MOVEMENT OF EQUIPMENT 6.1 Daktromcs personnel shall supervIse the dIsmantling and packagmg/unpackmg of the eqUipment and shall mspect and remstall the eqUipment at the new location and charge the Customer for all such labor and matenals proVIded at Its then current rates and terms The SefVlce Agreement charges shall be suspended when the system IS dIsmantled and remstated on the day followmg eqUipment remstallatlOn and acceptance by Daktromcs at the new locatIOn Any moved eqUIpment IS subject to applicable mIleage charges, If any, at the new locatIOn 6.2 Daktromcs shall be under no obligation to furnIsh contmued servIce under thIS Agreement If the eqUipment IS moved from Its locatIOn of mltlal mstallatlOn and/or rem stalled WIthout the pnor wntten approval of Daktromcs, Inc 7 LIMITATION OF WARRANTY AND LIABILITY 7.1 In no event WIll Daktromcs be liable for any lost profits or any specIal, mdlfect, or consequentIal damages Daktromcs pOSitIOn of LImItatIOn of Warranty and LImItatIOn of Seller's LiabIlity (SL-2374) as published 10 ItS product catalog applies 8 PAYMENT 8. I Customer agrees to pay Daktromcs, Inc upon commencement or as outlined on the face of the agreement In addlllon to the payments due under thIS Agreement the Customer agrees to payor reImburse Daktromcs any taxes or charges resultmg from thIS Agreement whIch are leVIed by a taxmg authonty, except for taxes based upon Daktromcs net Income 8.2 Daktromcs may adjust payment amount on the anmversary date of thIS Agreement, and It shall be adjusted 10 accordance WIth the changes 10 the Cost of Llvmg Index as reflected by the Wholesale Commodity PrIces for Metals and Metal Products published by the U S Department of Labor, Bureau of StatIstICS 9 GENERAL 9.1 If eIther party neglects or falls to perform any of Its obligatIons under thIS Agreement, and such failure contmues for a penod of sIxty (60) days after wntten notIce thereof, the other party shall have the nght to term mate thIS Agreement 9.2 ThIS Agreement supersedes all pnor servIce agreements and understandmgs between the partIes WIth respect to any eqUIpment covered under thIS Agreement and may not be changed or termmated orally 9.3 Neither party shall assIgn thIS Agreement unless consented to by the other party 9.4 StenographiC and c1encal errors are subject to correctIOn 9.5 ThIS Agreement proVIdes for servIces only as outlmed above or on the face of the attached ServIce Agreement 9.5 The laws of the State of Wash 109 ton WIll govern thIS Agreement Copynght @ 2003 Daktromcs, Inc